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Allahabad High Court · body

2016 DIGILAW 3709 (ALL)

Neresh v. State of U. P.

2016-11-15

BACHCHOO LAL

body2016
JUDGMENT Bachchoo Lal,J. This second bail application has been moved on behalf of the applicant Neresh who is involved in Case Crime No. 217 of 2015, under sections 302 IPC, P.S. Khurza Dehat, District Bulandshahar. The first bail application of the applicant was rejected as not pressed by this court vide order dated 4.4.2016. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that the FIR of the alleged incident has been lodged against two persons including the applicant. In FIR it has been mentioned that the applicant and co-accused Raju opened fire upon the deceased due to which he sustained injuries. In her statement recorded under section 161 Cr.P.C. the complainant Smt. Bhagwati has stated that the applicant and co-accused Raju fired upon the deceased. Smt. Gaytri Devi is wife of the deceased. In her statement it has come that she and her mother-in-law Smt. Bhagwati reached at the house of Badam Singh on hearing the sound of fire where they found the deceased in injured condition and the applicant was running from there taking a country made pistol in his hands. In the statement of witness Manmohan Singh it has come that the applicant shot two fires upon the deceased. There is material contradiction in the statements of the witnesses. In fact, none have seen the alleged incident. The applicant has falsely been implicated in the present case. The criminal history of the applicant has been explained in para 36 to 45 of the affidavit filed in support of the bail application. The applicant is in jail since 8.10.2015. Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicant is named in the FIR. In postmortem report two firearm wound of entry and one exit wound have been found on the body of the deceased. In the statement of Smt. Gyatri Devi wife of the deceased, it has come that she had seen the applicant running from the place of occurrence taking a country made pistol in his hands. The witness Manmohan Singh is eye witness of the alleged incident and in his statement he has stated that the applicant shot two fires upon the deceased due to which he died. The witness Manmohan Singh is eye witness of the alleged incident and in his statement he has stated that the applicant shot two fires upon the deceased due to which he died. A country made pistol of 315 bore used in the commission of the murder of the deceased has also been recovered on the pointing out of the applicant. The applicant is main accused, who has committed the murder of the deceased, therefore, the applicant is not entitled for bail. Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the applicant on bail. Consequently, the prayer for bail of the applicant Neresh is hereby refused and this second bail application is rejected. However, the trial court is directed to proceed with the trial and conclude the same expeditiously preferably within a period of 10 months from the date of the production of the certified copy of this order. If there is no legal impediment.